Respondent is a municipality in the state of Nebraska, which owns and operates a Water Treatment Plant. Information gathered during the EPA inspection revealed that Respondent had greater than 2,500 pounds of chlorine in a process at its facility. From the time Respondent first had on site greater than 2,500 pounds of chlorine in a process, Respondent was subject to the requirements of Section 112(r) of the CAA and 40 C.F.R. Part 68 because it was an owner and operator of a stationary source that had more than a threshold quantity of a regulated substance in a process. Respondent was subject to Program 2 requirements because pursuant to 40 C.F.R. § 68.10(c), the process does not meet the eligibility requirements of either Program 1 or Program 3. Although Respondent’s facility is a Program 2 facility, on March 6, 2017, Respondent filed an RMP for the facility which indicated the facility was subject to Program 3 requirements which are more stringent than Program 2 requirements.
Allegations of Violations: